537 Const Esmt-Farmers Mkt
1111111....."81111I111I..811..118
Prepared by:
Christopher Smith
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
IIlARYANNf. MUWHf:, U.I~RK IF CIRCUli CWIU
SEMINUI...f. COUNlY
BK 01318 p~s 0384 - 381; (4pgf'
CLERK'S * 2010003369
RECl~~D 01/12/2010 04110143 PM
RECUHlH Nt; fU~p J;).:;,()
RcCtiUUI::.D av J" E(~kenroth (all)
FOACS CONTRACT #
015682
Return to after recording:
City Clerk
City of Sanford
Post Office Box 1788
Sanford, Florida 32772
Tax Parcel Identification Number: 36-19-30-512-0000-0040
~
"
GRANT OF A NON-EXCLUSIVE PEDESTRIAN AND CITY SERVICES,
INGRESS AND EGRESS,
CONSTRUCTION AND ACCESS EASEMENT
THIS GRANT OF EASEMENT is made and entered into as of this 2.t.'/.!:.day of
~, 2009, by and between FLORIDA DEPARTMENT OF AGRICULTURE, a
departmental agency of the State of Florida (hereinafter the "Grantor"), whose address is
c/o Division of Marketing and Development, Mayo Building, Room 135, M-35, 407
South Calhoun Street, Tallahassee, Florida 32399-6555, and the City of Sanford, Florida
(hereinafter the "Grantee"), whose address is 300 North Park Avenue Sanford, Florida
32771, a municipal corporation, situated in Seminole County, Florida.
WHEREAS, the Grantor owns and holds fee simple title to the property
described as a part of Lot 4 of the SUBDIVISION OF A. V. FRENCH PROPERTY as
recorded in Plat Book 7 Page 10 of the Public Records of Seminole County, Florida,
herein referred to as the "Property" with the Property being assigned Tax Parcel
Identification Number: 36-19-30-512-0000-0040 by the Seminole County Property
Appraiser said Property being commonly known as the Sanford Farmers Market; and
WHEREAS, the Grantee has requested from Grantor an easement, ten feet (10')
in width (hereinafter the "Easement Area"), for non-exclusive pedestrian and City
services ingress and egress, construction and access thereto, over and across a portion of
the Property, such easement being described and depicted in the schematic attached as
Exhibit "A" for the purposes of constructing municipal improvements and utilities,
appurtenant uses and access; and
WHEREAS, the Grantor is willing to provide an easement to the Grantee on the
terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of One ($1.00) Dollar paid by the
Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged, and
other good and valuable considerations, the parties agree as follows:
(1 ).
reference.
The foregoing recitals are true and correct and incorporated herein by
(2). The Grantor hereby conveys to the Grantee an easement, ten feet (10') in
width, for non-exclusive pedestrian and City services ingress and egress, construction and
access thereto, over and across a portion of the Property, such easement being described
IIPage
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,
and depicted in the schematic attached as Exhibit "A" for the purposes of necessary
construction activity relative to pedestrian use and service vehicular ingress and egress
over the Property, constructing municipal improvements and utilities, appurtenant uses
and access said easement being non-exclusive to the extent that the Grantor reserves all
rights of a fee owner not inconsistent with the grant of the easement as set forth herein.
(3). This Grant of Easement is subject to the following conditions, each of
which the Grantee, on behalf of itself and its successors and assigns, hereby
acknowledges and agrees to abide by and comply with by virtue of its recordation of this
Grant of Easement in the Public Records of Seminole County, Florida:
(a). The Grantee shall construct the necessary municipal improvements, obtain
all required permits and shall not alter said improvements, once constructed, located
within the Easement Area, without the Grantor's prior written consent except for normal
maintenance activities.
(b). Any additions, alterations or modifications to the improvements within the
Easement Area by the Grantee shall be implemented so as to minimize disruption to the
Grantor's use of the Easement Area, and at no time shall the Grantee's construction
within the Easement Area block the Grantor's access to the Property.
(c). The Grantee's use of the Easement and Easement Area shall be limited to
pedestrian use and municipal services activities as set forth in this document.
(d). The Grantee's use of the Easement and the Easement Area shall at all
times be subject to and in compliance with all applicable governmental laws, ordinances,
rules and regulations.
(4). This Grant of Easement, and all rights of the Grantee created herein, shall
be subject and inferior to all existing and future mortgages encumbering the Easement
Area. This subordination is self executing as to all existing mortgages and shall be self
executing as to all future mortgages or other forms of financing encumbering the
Easement Area; provided, however, that, in the event the Grantor requests additional
confirmation of such subordination, Grantee agrees to execute and return such additional
documentation within ten (10) days the of Grantor's submission to the Grantee of a
request for such confirmation.
(5). This Grant of Easement represents the entire understanding between the
Grantor and the Grantee as to the matters set forth herein.
(6). This Grant of Easement may not be amended except in writing in a form
recordable in the Public Records of Seminole County, Florida, executed by the Grantor
and Grantee.
(7). This Grant of Easement shall be binding upon, inure to the benefit of, all
of the Grantor and the Grantee's successors and assigns, and shall be a covenant running
with the land in favor of the Property.
2lPagc
(8). In the event of any litigation regarding this Grant of Easement, the
prevailing party shall be entitled to an award against the non prevailing party for costs
and attorneys fees, including costs and attorneys fees on appeal.
IN WITNESS WHEREOF, the Grantor has set its hand and seal the date first
written above.
w~ss Two
ruvd/\ A
Signature
S a ndn;}, ;p f ~ C'J Il
Printed Name ofWitne
VI ')"01,
FLORIDA DEPARTMENT OF
~/JJA.-
Appropriate Signatory Authority
/HI/( C r;~ esJf 11-14-
1d'~e~~'~
WITNESSES:
Witness One:
(Jh~~
Signature
l,ho fldar:D. B&Kar
Printed Name of Witness
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